Srinagar, June16: The Jammu and Kashmir Government has established a Backward Classes Commission to facilitate reservations for Other Backward Classes (OBCs) in local bodies.
The move follows the directions of the Supreme Court in the cases of K. Krishnamurthy v. Union of India, 2010, and Vikas Krishna Rao Gawli v. State of Maharashtra, 2021.
As per the official communication, the Commission, named the “Jammu and Kashmir Local Bodies Dedicated Backward Classes Commission,” is tasked with conducting an empirical inquiry into the backwardness of citizens in all local bodies within the Union Territory to study the nature and effects of backwardness and provide recommendations on proportional reservations for OBCs in urban and rural local bodies.
Functions and Objectives
The Commission will carry out a comprehensive study on the representation of backward classes in local bodies before the upcoming general elections. It will provide suggestions and recommendations to the government on proportional reservations for OBCs, ensuring compliance with the Supreme Court’s guidelines.
It said that the Commission will conduct a rigorous empirical inquiry into the nature and implications of backwardness in local bodies and will gather data from available records, reports, surveys, and other sources to ascertain the proportion of the backward class population.
It also said that the Commission will seek assistance from various government offices, organizations, and persons, and hold meetings with experts and researchers to analyze empirical data and members of the Commission will visit different local body areas in Jammu and Kashmir to achieve their objectives.
It further said that the Commission will consist of three members, including a retired judge of the High Court who will serve as the Chairman. The tenure of the Chairman and members will be co-terminus with the 45-day term of the Commission.
The Commission will have a dedicated team, including a Secretary, Deputy Secretary, Research Officer, Review Officer, Office Assistants, and other employees, it said adding that these positions may be filled through deputation from other departments or by appointing retired officers and employees on a contract basis and experts may also be engaged as needed.
The headquarters of the Commission will be located in Srinagar/Jammu and Commission will hold meetings at various times and places as determined by the Chairman, it added.
It said that the Commission will maintain proper accounts and records, which will be audited by the Directorate of Audit & Inspections and will present detailed reports and recommendations to the government, outlining its activities and findings.
The Rural Development Department will serve as the administrative department for the Commission, providing necessary administrative arrangements and budget, it added.
It said that the Chairperson, members, and employees of the Commission will be deemed public servants under section 21 of the Indian Penal Code, 1860.
The government reserves the right to make any amendments, changes, or extensions to this order as required, it added.
Pertinent to mention that on June 10, Administrative Council, chaired by Lieutenant Governor Manoj Sinha approved the commission for facilitation of reservations for Other Backward Classes (OBCs) in local bodies.
